HomeMy WebLinkAboutResolution 2014-81 Approving a Final Plat for Hammes EstatesCITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2014-81
A RESOL UTIONAPPROVING A FINAL PLAT FOR HAMMES ESTATES
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN (Applicant) has
submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates, a
copy of which is on file in the City of Lake Elmo Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12,
2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the
Preliminary Plat until its June 23, 2014 meeting; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
for the July 1, 2014 City Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014
meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and
WHEREAS, the Lake Elmo Planning Commission met on September 22, 2014 to review
the Final Plat for Hammes Estates consisting of 57 single-family residential lots; and
WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a
motion to recommend that the City Council approve the Final Plat for Hammes Estates with
conditions; and
WHEREAS, the City Council reviewed the recommendation of the Planning
Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and
NOW, THEREFORE, based upon the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City
Code, Section 153.08.
Resolution 2014-81
2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been
met by the Applicant.
3) That the proposed Final Plat for Hammes Estates consists of the creation of 57 single-family
residential lots.
4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as
approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014.
5) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan
and the Future Land Use Map for this area.
6) That the Hammes Estates Final Plat complies with the City's Urban Low Density Residential
zoning district.
7) That the Hammes Estates Final Plat complies with all other applicable zoning requirements,
including the City's landscaping, storm water, sediment and erosion control and other
ordinances, except as noted in this report or attachment thereof.
8) That the Hammes Estates Final Plat complies with the City's subdivision ordinance.
9) That the Hammes Estates Final Plat is consistent with the City's engineering standards with
the exceptions noted by the City Engineer in his review comments to the City dated
September 18, 2014.
CONCLUSIONS AND DECISION
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
the Final Plat for Hammes Estates subject to the following conditions:
1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water
management plans, and street and utility construction plans shall be reviewed and approved
by the City Engineer prior to the recording of the Final Plat. All changes and modifications
to the plans requested by the City Engineer in a memo dated 9/18/14 shall be incorporated
into these documents before they are approved.
2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants
it has fee interest in area included in the Hammes Estates Final Plat.
3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a
Developer's Agreement acceptable to the City Attorney and approved by the City Council
that delineates who is responsible for the design, construction, and payment of the required
improvements with financial guarantees therefore.
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4) All easements as requested by the City Engineer and Public Works Department shall be
documented on the Final Plat prior to the release of the Final Plat for recording.
5) A Common Interest Agreement concerning management of the common areas of Hammes
Estates and establishing a homeowner's association shall be submitted in final form to the
Community Development Director before a building permit may be issued for any structure
within this subdivision. Said agreement shall comply with Minnesota Statues 515B.3-103,
and specifically the provisions concerning the transfer of control to the future property
owners. The applicant shall also enter into a maintenance agreement with the City that
clarifies the individuals or entities responsible for any landscaping installed in areas outside
of land dedicated as public park and open space on the Final Plat.
6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the
City's parkland dedication requirements in a pro -rated amount for the Phase 1 Area or in an
amount addressing the total site.
7) The Final Landscape Plan shall be revised per the requested modifications of the City
Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be
approved prior to the release of Final Plat for recording.
8) The applicant shall provide evidence that all conditions attached to the Valley Branch
Watershed District permit for the Final Plat and associated grading work have been met prior
to the commencement of any final grading activity.
9) The applicant must provide written authorization to perform any work in the Electrical
Transmission easement areas prior to the release of the Final Plat for recording.
10) The applicant shall provide evidence that Washington County has approved final
construction plans for all required work within the Keats Avenue right-of-way as described
in a letter from the County dated May 6, 2013. Final Construction Plans provided to the City
shall be updated to include the improvements approved by Washington County
11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated
8/27/14.
12) The applicant must revise the Goose Lake Park Plan to provide greater separation between
the public use area and the lift station maintenance area. The applicant will be responsible
for all necessary watershed district permitting requirements related to the Goose Lake Park
improvements.
13) Per the recommendation of the Fire Chief, the applicant must submit all documentation
related to the mitigation of the soil contamination to the Minnesota Pollution Control
Agency's Voluntary Brownfield Program for review and approval prior to the issuance of
any building permits for the lots affected by the soil contamination.
14) Prior to the acceptance of the public improvements for the 1" Phase of the Hammes Estates
subdivision, all wetland buffers shall be delineated and identified via staking or signage that
is acceptable to the City.
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15) Any boardwalk trail segments included in the Hammes Estates subdivision must be designed
to accommodate bicycle traffic.
16) All trees impacted by the northern buffer trail must be inventoried and replaced at the
schedule or rate specified in the City's tree preservation ordinance (§ 154.257).
Passed and duly adopted this 7' day of October 2014 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
A am Bell, City Clerk
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Resolution 2014-81
Mike Pearson, Mayor